Battery

Question 1

Defined in

Answer 1

Common law made by judges in cases

Question 2

The actus reus

Answer 2

The actus reus is applying unlawful force on/to another person

Question 3

Force means

Answer 3

The lightest touch / clothing

R v Thomas

Question 4

Force must be hostile which means

Answer 4

Unwanted or aggressive

however ‘ordinarily jostling of everyday life is implied consent’ comes from R v Thomas

Wilson v Pringle

Question 5

Force can be applied indirectly

Answer 5

Force can be applied indirectly via an object

DPP v K

Question 6

Force can be applied via continuing acts

Answer 6

Fagan v MPC

Question 7

Force can be applied via Omissions

Answer 7

Force can be applied via an omission only when d has a duty to act
DPP v Santana Bermudez

Question 8

Men’s rea of batter

Answer 8

The men’s rea of battery is either fires then intention or recklessness to apply unlawful force on/to another person

Question 9

Direct intention

Answer 9

The defendant has set out/ aimed to apply unlawful force on/to the victim like R v Mohan

Question 10

Recklessness

Answer 10

The defendant realises the risk of applying unlawful force onto the victim but carries on regardless like R v Cunningham